The Madurai Bench of the Madras High Court granted anticipatory bail to three accused persons facing charges of dowry harassment and cruelty. The bail was subject to a monetary bond and appearance for interrogation.
Petitioners ordered to be enlarged on bail within fifteen days subject to bond of Rs. 10,000 and appearance for interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Thirteenth day of November Two Thousand Thirteen
PRESENT
The Hon`ble Mr.Justice C.T.SELVAM
CRL OP(MD) No.11932 of 2013
1 RAJENDRAN 2 TAMILARASI 3 VALARMATHI ... PETITIONERS/ACCUSED NOS.2 TO 4
THE STATE REP BY THE INSPECTOR OF POLCIE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTIRCT. CRIME NO. 20/2013 ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S.S.M.SANJAY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners are arrayed as A2 to A4 and they apprehend arrest at the hands of the respondent police for alleged offences punishable under Sections 498(A), 406 and 420 of I.P.C., and Section 4 of Tamilnadu Women Harassment Act and Section 4 of Dowry Prohibition Act, in Crime No.20 of 2013 on the file of the respondent police and hence, they have come forward with this petition seeking anticipatory bail.
2.The case of the prosecution is that the petitioners harassed the de-facto complainant for demanding more dowry. It is further alleged that the first and second petitioners are the father and mother of the first accused and the third petitioner is the sister of the second petitioner.
3.Learned counsel for the petitioners submits that earlier the matter stood refer to Mediation on 22.07.2013 but, the Mediation had failed.
4.Heard the Learned Government Advocate (Crl.side) on the above submissions.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and the submission of the learned Government Advocate (crl.side), this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be enlarged on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi subject to the following conditions:-
(i) The petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for the like sum to the satisfaction of the arresting officer or to the satisfaction of the learned Magistrate concerned; and
(ii)The petitioners shall appear before the respondent police as and when required for interrogation.
sd/13/11/2013
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1.THE JUDICIAL MAGISTRATE KARAIKUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGNAGAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLCIE ALL WOMEN POLICE STATION, KARAIKUDI, SIVAGANGAI DISTIRCT
+1. CC to M/S.S.M.SANJAY Advocate SR.No.55618 RL/6 C- 18/11/2013
ORDER
IN
CRL OP(MD) No.11932 of 2013 Date :13/11/2013
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest for alleged offences under Sections 498A, 406, 420 IPC and TWHA.
What conditions should be imposed on the grant of anticipatory bail.
4 provisions across 4 enactments
RAJENDRAN
TAMILARASI
VALARMATHI
THE STATE REP BY THE INSPECTOR OF POLCIE
C.T. SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
